Vets offer conflicting views at AlphaTex hearing

By KEVIN LEWIS Herald Editor

Published 2:30 pm, Wednesday, January 18, 2012

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Vets offer conflicting views at AlphaTex hearing

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CANYON - Attorneys for Mark and Sandra Smith called their first witness Wednesday in an attempt to refute testimony that inhumane conditions at AlphaTex Kennels were not as prevalent or as harmful as experts said.

Dr. Penny Kelso, who operates a mobile veterinary practice in Lubbock, said dogs had plenty of room at the kennels and that she was impressed with the facility.

Two other veterinarians, however, disagreed when they testified earlier in the day on behalf of Floyd County that officials were justified in seizing close to 200 dogs on Sept. 28 at the kennel near Aiken due to neglect and cruel treatment.

Members of the Floyd County Sheriff's Department served a warrant to seize the dogs and the Humane Society of West Texas in Lubbock began fostering them at facilities and homes throughout Texas.

After a decision in November by Justice of the Peace Tali Jackson in favor of Floyd County was thrown out, a second hearing in front of a six-person jury is being held at the Randall County Justice Center to decide whether officials were justified in taking the dogs and, ultimately, to determine the future of the German shepherds, collies and golden retrievers, some of which have since died.

Both Dr. Shelly Wolfe, a veterinarian in Lubbock, and Dr. Paul Glasson, a vet in Lockney, testified that the conditions at AlphaTex contributed to the poor health of the dogs.

A vet for 42 years, Glasson said most of the pens at AlphaTex were "filthy" and covered with feces and urine, and that most of the dogs' water was dirty and contained algae. He further said a horse on the property weighed close to 500 pounds when it should have weighed at least twice that, and one of its knees was swollen to the size of a basketball.

Glasson said he chose to euthanize three dogs the day of the seizure, including a puppy that couldn't stand up and a dog with severe hair loss.

In response to a question from Arlington attorney Don Feare, who is representing Floyd County, about whether he thought the dogs were being properly cared for, Glasson said, "Not particularly."

Upon cross-examination from Jessica Casenave, who along with Plainview attorney Paul Holloway is representing the Smiths, Glasson said Mark Smith previously had sought his advice on the care of two of the euthanized dogs.

"Mark was always popping in asking about this or that," Glasson said, later agreeing with Casenave that it would be unusual for someone who doesn't care about animals to frequently ask for veterinary advice.

Later, Wolfe testified to the extent of the condition of the dogs, saying most were underweight and many were developmentally delayed, which she attributed to improper diet and sanitation brought on by parasites.

Wolfe, who said she personally examined about 25 dogs and 25 puppies, said 50 percent of the animals tested positive for heartworms. That compares to the 2.2 percent - a number that includes the AlphaTex dogs - that tested positive at her practice all of last year.

Wolfe also said seven puppies died from distemper and that many of the dogs tested positive for other diseases that could have been stopped with proper preventative measures and "basic sanitation techniques."

Casenave, meanwhile, likened a dog owner not giving heartworm preventative to a parent not giving a child a flu shot, asking that if the child then gets the flu, is that abuse? Wolfe said it is not.

Floyd County Sheriff Paul Raissez also testified as to inhumane conditions at the kennels - including not all dogs having access to water and water filled with flies - and to the overall "poor" condition of the "majority" of the dogs. He also said he found bones from "several" dead dogs in a pasture.

Feare entered close to 50 photographs into evidence to depict those conditions, but it was determined that only six different dogs were shown in the photos, a number Holloway said represents just 3 percent of the total number of dogs. He wondered why a limited sample of pictures was available and why there were photos that only showed poor conditions of the kennels and the dogs.

Holloway also questioned the validity of Raissez's affidavit and the seizure itself, and if he or the Humane Society of West Texas was in control. He also said the sheriff's actions of seizing the dogs constituted theft and wondered why no charges of animal cruelty have been brought against the Smiths, even though the sheriff has asked Floyd County Attorney Lex Herrington for them to be charged.

Holloway also wondered why the Smiths' house pets and horses weren't seized along with the breeding dogs if his intention was for the well-being of the animals and not to harm the Smiths' breeding business. Raissez said he left behind the house pets on the advice of Herrington.

A cell phone video taken by the Smiths' son, Cory, on the day of the raid was played for the jury and showed Raissez telling the Smiths he had authority to take any of their personal property.

Wednesday's proceedings began with Humane Society of West Texas animal investigator Joe Cantu's continued testimony from Tuesday. In making his first investigation after about a year in his position, Cantu visited AlphaTex after a complaint of neglect against the kennel was lodged by former kennel employee Rebecca Terrell.

Cantu testified to the poor conditions of the kennels and the dogs before Holloway questioned Cantu's credibility as an animal abuse investigator, saying he did not follow proper procedures - including failing to take samples of the dogs' water - and failed to offer the Smiths a notice to comply.

Holloway also pointed out that the dogs were taken from the premises in an "unsterile" livestock trailer and could have contracted diseases from that, a claim Wolfe later discredited.

The hearing in District Judge John Board's 181st District Courtroom, after Holloway was granted a change of venue because he said the Smiths could not receive a fair trial in Floydada and that death threats had been made against them, was to continue at 9 a.m. Thursday.

The jury is expected to decide whether the Smiths are guilty of neglect or cruelty before Board determines the animals' eventual fate.